As used in this article, the following terms shall have the meanings
indicated:
ACCESS
Any means for passage of vehicles between property abutting
a street and the street. It shall be deemed to include only that portion
of the driveway or access road that lies within the established right-of-way
limits of the street.
APPLICANT
Any person who makes application for a permit under the provisions
of this article.
CONSTRUCTION
The building, putting together, installation or placing of
any materials upon, through, or over the street, curb, sidewalk or
areas within the right-of-way of any street or lane within the Township
which could interfere with the public's use of said street, right-of-way
or sidewalk.
DEPARTMENT
South Whitehall Township Department of Public Works.
EMERGENCY
Any unforeseen circumstances or occurrence, the existence
of which constitutes a clear and immediate danger to persons or properties.
ESCROW
Includes any of the following: application fee, inspection
fee and/or maintenance guarantee as pertaining to this article.
EXCAVATION or EXCAVATIONS
The digging of any trench or excavating through or under
the street, curb, sidewalk, or right-of-way or the cutting into or
opening and removal of any of the pavement surfaces and/or subsurfaces,
curbs or sidewalks within the right-of-way of any street, lane, curbs
or sidewalks within the Township.
INSPECTOR
The Township employee, agent or consultant designated by
the Township from time to time to review and inspect construction,
restoration and/or maintenance activities pursuant to a permit issued
under this article.
PERMIT FEE
A fee paid by the permittee to the Township to cover all
the costs of the street right-of-way or Township easement permit.
PERMITTEE
Any person who has been issued a permit under this article.
PERSON
Shall include, without limitation, any natural person, partnership,
firm, association, utility, corporation, joint venture, limited liability
company, trust, estate, governmental agency or authority and/or any
other entity.
PUBLIC UTILITY COMPANY
Any company subject to the jurisdiction of and control by
the Pennsylvania Public Utility Commission or the Federal Communications
Commission.
SECURITY
The cash performance escrow fund established by a permittee
or an irrevocable letter of credit issued for the benefit of the Township
guaranteeing the full and proper construction, erection, installation,
completion, inspection and maintenance of the improvements and other
obligations undertaken by the permittee pursuant to a permit. If an
irrevocable letter of credit is provided, the form thereof must be
approved by the Township solicitor, and the letter of credit must
be available for draws/presentation no further than 60 miles from
the Township's office. Performance bonds are not accepted as security
under this article. Security is sometimes referred to as a "performance
escrow" in this article, and the terms are intended to be used interchangeably.
STREET
Any avenue, boulevard, road, lane, parkway, viaduct, or other
way for the movement of vehicular traffic which is an existing state,
county, Township roadway, or way shown upon a plan and includes the
land between street or right-of-way lines, whether unimproved or improved,
with pavement, gutters, sidewalks, curbs, parking areas and other
areas within the right-of-way.
STREET OCCUPANCY
Excavation, installation, construction, or the establishment
of any access from abutting property to a street, which access will
be used by vehicles as a means of ingress or egress to said streets.
STREET OPENINGS
Any excavation, installation, or construction, within the
right-of-way of Township streets, which does not fall within the definition
of "street occupancy."
TOWNSHIP
The Township of South Whitehall, County of Lehigh, Commonwealth
of Pennsylvania.